Brandloomi

Pay What You Can Scheme - Terms and Conditions

Effective Date: 11/8/2025

These Terms and Conditions ("Terms") govern the participation in the Brandloomi's Pay What You Can Scheme (the "Scheme"). By applying to the Scheme, you ("Applicant") agree to be bound by these Terms.

1. Eligibility

  • The Scheme is open to small businesses and startups (less than 5 employees and less than 5 years in operation).
  • Applicants must submit a complete application, including the 2-minute video, as outlined in the application form.
  • Applicants must be legally capable of entering into a binding contract.

2. Scheme Details

  • Brandloomi will select one winner per month (or as otherwise specified) from all eligible applications received during the application period.
  • The winner will receive a basic, yet fully functional website designed and developed by Brandloomi.
  • The website will include core features such as (homepage, about us page, contact form, services/products page, gallery, etc.).
  • The selection process is at the sole discretion of Brandloomi, and no correspondence will be entered into regarding the selection process.

3. Scope of Work

The website design will be based on a mutually agreed-upon design and content. Brandloomi will provide website design and development services only.

The website will NOT include:

  • Online payment gateways
  • E-commerce functionality (beyond basic product showcasing)
  • Inventory tracking systems
  • Customer relationship management (CRM) integrations
  • Search engine optimization (SEO) beyond basic on-page optimization
  • Social media integration beyond basic linking
  • Any other complex or custom functionality not explicitly agreed upon

Note: Any advanced integrations or features beyond the scope of the basic website will be considered "Additional Services" and will be subject to a separate agreement and fees. This includes, but is not limited to, any costs associated with third-party plugins or services. Brandloomi will provide a reasonable number of revisions to the design. Additional revisions may be subject to additional charges. The Applicant/Winner is responsible for any content creation beyond what is initially agreed upon.

4. Client Responsibilities

  • The Applicant/Winner is responsible for providing all necessary content for the website, including text, images, videos, and any other relevant materials, in a timely manner and in a format specified by Brandloomi.
  • The Applicant/Winner warrants that they have the right to use all content provided and that it does not infringe on any third-party intellectual property rights.
  • The Applicant/Winner is responsible for the accuracy and legality of all content provided.
  • The Applicant/Winner is responsible for providing a website domain name.
  • The Applicant/Winner is responsible for reviewing the website and notifying Brandloomi of any errors or omissions within a reasonable timeframe (7 days) of website launch.

5. Hosting and Domain

  • Brandloomi will provide website hosting for the website on its servers for the duration of the Retainer Agreement (see Clause 7).
  • The Applicant/Winner is responsible for acquiring and maintaining ownership of the website domain name.
  • Upon termination of the Retainer Agreement, the Applicant/Winner will be responsible for transferring the website and arranging for their own hosting. Brandloomi will provide reasonable assistance with the transfer, but may charge a reasonable fee for its time. This fee will be based on our standard hourly rate at the time of the transfer.
  • Brandloomi makes no guarantees about website uptime or performance, but will make reasonable efforts to ensure the website is accessible.

6. "Pay What You Can" Model

The winning Applicant/Winner will pay Brandloomi what they can genuinely afford for the website design services.

  • The final payment amount will be agreed upon in good faith between Brandloomi and the Winner before the project kickoff, following which a standard website development contract takes over the process.
  • Brandloomi reserves the right to refuse to enter into a website development contract if the payment offered is unreasonably low, but will work with the client in good faith to come to a reasonable agreement.

7. Retainer Agreement

In addition to the "Pay What You Can" payment, the Winner agrees to enter into a Website Maintenance Retainer Agreement with Brandloomi.

Pricing Structure:

  • A minimum monthly payment of €30 (introductory price) for the first year
  • The Retainer Agreement is for a minimum period of one (1) year
  • The Winner may choose to pay the first year's retainer as a one-time payment of €350
  • After the first year, the monthly retainer fee will be €50 per month or €550 if paid annually

Retainer Includes:

  • Website hosting
  • Up to one hour of basic website updates per month (text and image changes only)
  • Security updates to the website platform
  • Email support with a response time of within 2 business days
  • Technical evaluation and consultation sessions on demand (up to 1 every month if needed)

Does Not Include:

  • New page creation
  • Design changes
  • Plugin installations
  • E-commerce updates, etc.

Termination: Either party may terminate the Retainer Agreement with 10 business days written notice. In the event of early termination of the Retainer Agreement by the Client, Brandloomi reserves the right to charge a reasonable fee for the remaining hosting period or any outstanding work. The Retainer Agreement will be governed by a separate contract, and these terms and conditions are in addition to the Retainer Agreement.

8. Intellectual Property

  • Upon full payment (including both the "Pay What You Can" amount and any applicable retainer fees), the Applicant/Winner will own the website content.
  • Brandloomi retains the right to use the website and its design in its portfolio and for promotional purposes.
  • Brandloomi retains the copyright to the design of the website. The Client receives a license to use the design for the duration of the website's use.

9. Review and Testimonial

  • The Applicant/Winner agrees to provide Brandloomi with a review and testimonial (both text and video) upon successful completion of the website project.
  • Brandloomi shall have the right to use the review and testimonial for marketing and promotional purposes, including on its website, social media channels, and other marketing materials.
  • The Applicant/Winner grants Brandloomi a perpetual, irrevocable, royalty-free license to use, reproduce, distribute, and display the review and testimonial.
  • Brandloomi will obtain the Applicant/Winner's consent before using the review and testimonial in any manner that identifies the Applicant/Winner or their business.

10. Liability

  • Brandloomi's liability for any claims arising out of or related to the Scheme or the website design services shall be limited to the amount of the fees paid by the Applicant/Winner.
  • Brandloomi is not responsible for any indirect, incidental, or consequential damages, including but not limited to loss of business, loss of profits, or loss of data.
  • Brandloomi is not responsible for any issues arising from the Client's content, including copyright infringement.

11. Termination

Brandloomi reserves the right to terminate the Scheme or disqualify any Applicant at any time for any reason, including but not limited to:

  • Violation of these Terms
  • Providing false or misleading information
  • Failure to cooperate with Brandloomi in the website design process
  • Any attempt to undermine the integrity of the Scheme

The Applicant/Winner may terminate the Retainer Agreement subject to the terms of that separate agreement.

Legal Provisions

12. Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms if such failure is caused by a force majeure event, including but not limited to acts of God, war, natural disasters, or government actions.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the laws of Ireland.

15. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.

18. Assignment

The Applicant/Winner may not assign its rights or obligations under these Terms without the prior written consent of Brandloomi. Brandloomi may assign its rights and obligations.

19. Confidentiality

Brandloomi agrees to keep confidential any confidential information of the Applicant/Winner that is disclosed to it during the application process or the provision of services.

20. Data Protection

Brandloomi will collect and process the Applicant's personal data in accordance with its privacy policy and all applicable data protection laws.

21. Accessibility

Brandloomi will make reasonable efforts to ensure that the website is accessible to people with disabilities, in accordance with applicable accessibility standards.

22. Indemnification

The Applicant/Winner agrees to indemnify and hold harmless Brandloomi from any claims, damages, or expenses arising out of the Applicant/Winner's breach of these Terms or their use of the website.

23. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between the parties.

24. Survival

Clauses 8 (Intellectual Property), 9 (Review and Testimonial), 10 (Liability), 12 (Force Majeure), 13 (Governing Law), 14 (Dispute Resolution), 19 (Confidentiality), shall survive any termination or expiration of these Terms.

25. Headings

The headings in these Terms are for convenience only and shall not affect their interpretation.

26. Counterparts

These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

27. Electronic Signature

These Terms may be signed electronically, and such electronic signature shall have the same force and effect as a handwritten signature to the extent permitted by applicable law.

28. Amendments

Any amendments to these Terms must be in writing and signed by both parties.

29. Notification

Any notice required or permitted to be given under these Terms shall be in writing and shall be delivered by email to the address of the relevant party set out in the Application Form or such other address as notified by the relevant party.

30. Language

The language of these Terms is English.

Contact Information

If you have any questions about these Terms or the Scheme, please contact us at:

Email: hello@brandloomi.com

Phone: +353 0892351541

By submitting an application to the Pay What You Can scheme, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.